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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ajay Singhal – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT (Oral)
1. Both the present Appeals challenge the judgment dated 04.02.2022, passed by the learned Single Judge in W.P.(C) 7952/2020 & W.P.(C) 7198/2021, by which the learned Single Judge has dismissed the Writ Petitions filed by the Appellants herein.
2. The short question which arises for consideration is as to whether the proceedings under the Land Reforms Act (including Appellate proceedings) would continue after the area in question has been urbanized by issuance of a notification under the Delhi Municipal Corporation Act. The learned Single Judge by the judgment impugned herein has held that the Appellate proceedings would continue even pursuant to the notification under the Delhi Municipal Corporation Act. The learned Single Judge, while dealing with the case has held as under:
"77. The Court thus comes to the conclusion that the right to institute an appeal which stands statutorily conferred or to continue one which remains pending cannot be recognized to be either lost or extinguished merely upon the issuance of notifications under the DMC or the DDA Acts. More fundamentally it would be wholly incorrect to hold that the right to institute or continue appeals stand
The legal principle established is that the issuance of urbanization notifications does not extinguish the right to institute or continue appeals against final orders under the Land Reforms Act.
The court established the principle that once land is covered in notifications under the DMC or the DDa acts, it is excluded from the application of the DLR, and the vesting of land in the Gaon Sabha....
The order of vesting made under Section 81 and 82 of Act divests and deprives owner or occupier of all rights existing in the land. Vesting results in Gaon Sabha acquiring absolute title and rights o....
Once an area has been declared as a Low Density Residential Area (LDRA), it ceases to be a rural area and becomes part of the urban area, leading to the cessation of the applicability of the DLR Act ....
Once a notification is published under the Delhi Development Act, 1957, the provisions of the DLR Act cease to apply, and any proceedings under the DLR Act after urbanization are without jurisdiction....
Urbanisation of rural area – Once a notification has been published in exercise of power under Section 507(a) of Delhi Municipal Corporation Act, 1957, provisions of Delhi Land Reforms Act, 1954 ceas....
The main legal point established in the judgment is that once a particular area has been recognized as urbanized, proceedings under the DLR Act cannot be initiated or continued.
Once agricultural land becomes urbanized and used for non-agricultural purposes, it falls outside the purview of the Delhi Land Reforms Act, 1954, and revenue authorities lack jurisdiction to initiat....
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